2016
DOI: 10.1017/s1744552316000197
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The functional approach in comparative socio-legal research: reflections based on a study of plural work regulation in Australia and Indonesia

Abstract: This article examines the potential use and limits of Zweigert and Kötz' classical functional approach in comparative law for an empirical socio-legal research project. The project involves a comparison of the formal labour laws and informal norms and institutions which regulate restaurant work in the cities of Melbourne, Australia, and Yogyakarta, Indonesia. The article argues that the functional approach is a necessary but incomplete method for overcoming the many issues of comparability between the two rese… Show more

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Cited by 6 publications
(2 citation statements)
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References 45 publications
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“…Are there cultural, religious or family norms and values which provide some level of decency? A recent study of informal workers in restaurants in Indonesia suggests that all these norms could be in play (Mahy, 2016).…”
Section: Where To Next With Regulation?mentioning
confidence: 99%
“…Are there cultural, religious or family norms and values which provide some level of decency? A recent study of informal workers in restaurants in Indonesia suggests that all these norms could be in play (Mahy, 2016).…”
Section: Where To Next With Regulation?mentioning
confidence: 99%
“…In line with this, the focus of this research has been on how the anti-corruption regime is understood by those functioning within it. This focus also fits with the comparative socio-legal approach that allows the richness of empirical detail, drawn from qualitative research, to determine the basis for a comparison (Creutzfeldt, 2016;Hertogh & Kurkchiyan, 2016;Mahy, 2016). This dissertation is descriptive as well as analytical, which has resulted in an explanatory approach that fits with the central research question, which asks why the anti-corruption regime functions as it does.…”
Section: Theoretical Approachmentioning
confidence: 88%